For subcontractors asking, "can I file a lien without a contract?", the answer in Florida is yes, you can file a mechanics lien even without a formal written contract. Florida law permits liens based on oral or implied agreements for providing labor, services, or materials to improve a property. However, the absence of a written contract means the subcontractor bears a much higher burden of proving the existence and terms of their agreement, making meticulous documentation and timely notices absolutely essential for the lien to be valid and enforceable.
While a signed contract is always the best-case scenario, the lien law Florida statutes recognize that business in the construction industry is often done based on verbal agreements or handshakes. Under Chapter 713 of the Florida Statutes, your right to lien a property is based on the value you add through authorized improvements, not necessarily the piece of paper you signed. An oral agreement to provide specific work for an agreed-upon price is considered a valid basis for a lien.
The primary challenge, however, shifts from referencing a document to proving the terms of your unwritten agreement. If a dispute arises, you must be able to demonstrate what was promised. This means your supporting evidence becomes critical. Courts will look for documentation like emails confirming instructions, text messages about the job, issued invoices, cashed checks, delivery tickets for materials, daily work logs, and photographs of your completed work. Without a written contract to clearly define the scope and price, this secondary documentation must paint a clear picture of the agreement to substantiate your claim.
Even though you can file a mechanics lien without a contract, it is a risky position that demands exceptional diligence.
The number one best practice is to always get something in writing, even if it's just a simple email or proposal signed by the party who hired you, confirming the scope of work and price.
If you are already working under a verbal agreement, your focus must be on creating a robust paper trail. After important conversations, send a follow-up email summarizing what was discussed and agreed upon. Keep impeccable records of every material slip, invoice, and hour worked.
Most importantly, you must serve a timely and accurate Notice to Owner (NTO). In Florida, this notice must generally be received by the required parties no later than 45 days from your first furnishing of labor or materials. This formally documents your presence on the job site and your right to get paid, serving as powerful evidence that an agreement exists.
Navigating a lien claim without a written contract can be complex. The most critical step you can take to protect yourself is ensuring your Notice to Owner is prepared and delivered flawlessly. At Builders Notice Corp, we have over 50 years of experience helping Florida subcontractors secure their payment rights. We ensure your NTO is accurate, compliant, and timely, providing you with a solid foundation for your claim, regardless of your contract situation.
Don't let documentation issues put your payment at risk. Contact Builders Notice Corp today to handle your Notice to Owner with the expertise it deserves.
